ML20029C488
| ML20029C488 | |
| Person / Time | |
|---|---|
| Issue date: | 05/08/1991 |
| From: | Heltemes C NRC OFFICE OF NUCLEAR REGULATORY RESEARCH (RES) |
| To: | Harold Denton, Lieberman J, Treby S NRC OFFICE OF ENFORCEMENT (OE), NRC OFFICE OF GOVERNMENTAL & PUBLIC AFFAIRS (GPA), NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| Shared Package | |
| ML19352C222 | List: |
| References | |
| FRN-56FR46739, RULE-PR-110, RULE-PR-140, RULE-PR-150, RULE-PR-170, RULE-PR-2, RULE-PR-40, RULE-PR-50, RULE-PR-51, RULE-PR-70, RULE-PR-75 AD90-1-014, AD90-1-14, NUDOCS 9106030264 | |
| Download: ML20029C488 (63) | |
Text
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War o n' Sth'uel Cycle, Office of the General Counsel art A. Treby, Asst. General Counsel for Rulemaking and MEMORANDUM FOR:
F Harold R. Denton, Director, Office of Governmental and Public Affairs FJ lr P'l--
James Lieberman, Director, Office of Enforcement IV ti 6 tN H. Lee Hiller, Acting Director, Division of Accounting and-Finance, Office of the Controller Edward L. Halman, Acting Director, Office of Administration Robert M.. Bernero, Director, Office of Nuclear Material Safety and Safeguards FROM:
C. J. Heltemes, Jr., Deputy Director for Generic Issues and Rulemaking, Office of Nuclear Regulatory Research
SUBJECT:
CONFORMING AMENDMENTS TO TITLE 10 CODE OF FEDERAL REGULATIONS F0P, URANIUM ENRICHMENT REGULATION The enclosed proposed rulemaking package is, for expediency, being concurrently routed for review and concurrence.
The schedule for publication'of the final rule (mid 1992) was established to support licensing action currently underway by the Office of Nuclear Material Safety and Safeguards.~
The enclosed includes input from OGC (R. Fonner) and NMSS (P. Loysen) staff members. Your response is requested by May 24, 1991.
EffDaLSigned By; C. J. Heltemes, Jr., Deputy Director for Generic Issues and Rulemaking Office of Nuclear Regulatory Research
Enclosures:
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For:
The Commissioners From:
James M. Taylor, Executive Director for Operations
Subject:
PROPOSED RULEMAKING - CONFORMING AMENDMENTS TO TITLE 10 0F THE CODE OF FEDERAL REGULATIONS FOR URANIUM ENRICHMENT REGULATION
Purpose:
To obtain Commission approval of the proposed amendments.
Background:
On November 15, 1990, the President signed the " Solar, Wind, Waste, and Geothermal Power Production Incentives Act of 1990," Public Law 101-575, which among other things, amended the Atomic Energy Act (the Act) with respect to regulating uranium enrichment facilities. The principal amendment to the Act made by Public Law 101-575 provides that the licensing of uranium enrichment plants will be a single license issued pursiiant to 10 CFR Parts 40 and 70, rather than a two part license issued under 10 CFR Part'50.
Further, a new Section 193 added to the Act by Public Law 101-575 requires environmental review, adjudicatory hearings, inspection before operation, and liability insurance for licensing a uranium enrichment facility.
Discussion:
By memorandum dated December 20, 1990 the Office of Nuclear Material Safety and Safeguards (NMSS), requested that the Office of Nuclear Regulatory Research (RES) initiate a rulemaking to incorporate into the regulations provisions of Public Law 101-575 pertaining to regulating uranium enrichment facilities. Accordingly, this paper proposes amendments to 10 CFR Parts 40, 50, 51, 70, 75, 110, 140, 150, and 170, which are conforming in nature, to implement the amendments made to the Act by Public Law 101-575.
CONTACT:
C. Nilsen (301)492-3834 0
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1 The Commissioners 2
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Subsequent to the above request, on January 31, 1991, NMSS received the anticipated application from Louisiana Energy Services (LES) for a license to construct and operate a facility for enrichment of uranium using the gas centrifuge process.
The staff and 0GC do not foresee any procedural obstacles for the LES license application proceeding that cannot be accommodated within existing Commission procedures.
Nevertheless, 0GC has advised the staff that this conforming rulemaking should be undertaken with the goal of making the final rule effective before the mandatory hearing on the LES license application is expected to be completed (July 1992).
Coordination:
The Office of Governmental and Public Affairs concurs in this proposed rulemaking. The Office of General Counsel has reviewed this proposed rulemaking and has no legal objections.
Recommendation:
That the Commission:
1.
Approve for publication the Notice of Proposed Rulemaking (Enclosure A) for a 75-day public comment period.
2.
Certify that this rule, if adopted, would not have a significant economic impact on a substantial number of small entities in order to satisfy the requirements of the Regulatory Flexibility Act (5 U.S.C. 605(b)).
j 3.
Note:
(a) That a regulatory analysis has been prepared for this rulemaking action (Enclosure B).
(b) That neither an environmental impact statement nor an environmental assessment and finding of no J
significant impact has been prepared for this proposed rule because it meets the criteria for a categorical exclusion under 10 CFR 51.22(c)(1)and (3).
(c) That the Subcommittee on Nuclear Regulation of the Senate Committee on Environment and Public Works and the Subcomittee on Energy and Power of the House Committee on Energy and Commerce and the House Committee on Interior and Insular Affairs will be informed of this rulemaking action (Enclosure C).
The Commissioners 3
(d) That the proposed rule does not contain new or amended information collection requirements subject to the Paperwork Reduction Act.
(e) That the Chief Counsel for Advocacy of the Small Business Administration will be informed of the certification and the reasons for it as required by the Regulatory Flexibility Act.
(f) That a public announcement will be issued (Enclosure D).
(g) That a copy of the proposed rule will be distributed to all affected licensees and other interested persons.
James M. Taylor Executive Director for Operations
Enclosures:
A. Federal Register Notice of Proposed Rulemsking B. Draft Regulatory Analysis C. Congressional Letters D. Draft Public Announcement i
ENCLOSURE A Federal Register Notice of Proposed Rulemaking j
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l NUCLEAR REGULATORY COMMISSION 10 CFR Parts 40, 50, 51, 70, 75, 110, 140, 150, and 170 RIN 3150-AD90 Uranium Enrichment Regulations l
AGENCY: Nuclear Regulatory Conmission.
1 ACTION: Proposed rule.
1
SUMMARY
- The Nuclear Regulatory Commission (NRC) is proposing to amend its regulations concerning the licensing of uranium enrichment facilities to reflect changes made to the Atomic Energy Act of 1954, as amended (the Act) by l
the Solar, Wind, Waste, and Geothermal Power Production Incentives Act of 1990.
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The principal effect of these changes is that uranium enrichment facilities will be licensed subject to the provisions of the Act pertaining to source material and special nuclear material rather than the provisions pertaining to d production facility.
DATE:
Comment period expires (75 days from the date of publication in the Federal Register).
Connents received after this date will be, considered if it 1
i
is practical to do so, but the NRC is able to assure consideration only for 4
comments received on or before this date.
4 ADDRESSES: Mail written comments to the Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 20555, Attention: Docketing and Service Branch.
Deliver comments to One White Flint North,11555 Rockville Pike, Rockville, MD, between 7:45 am and 4:15 pm Federal workdays.
Copies of the draf t regulatory analysis and comments received may be examined at the NRC Public Document Room, 2120 L Street NW. (Lower Level),
Washington, DC.
1 FOR FURTHER INFORMATION CONTACT: Mr. C. W. Nilsen, Office of Nuclear Regulatory Research, U.S. Nuclear Regulatory Commission, Washington, DC 20555, telephone (301) 492-3834, or Mr. P. Loysen, Office of Nuclear Material Safety and Safeguards, U.S. Nticlear Regulatory Commission, Washington, DC 20555, telephone (301) 492-0685.
SUPPLEMENTARY INFORMATION:
Background
On November 15, 1990, the President signed the " Solar, Wind, Waste, and Geothermal Power Production Incentives Act of 1990," Pub. L. 101-575, which, among other things, amended the Atomic Energy Act (the Act) with respect to the licensing of uranium enrichment facilities.
The principal effect of these changes is that uranium enrichment facilities will be licensed subject to the provisions of the Act pertaining to source material and special nuclear material rather than the provisions pertaining to a production facility.
2 r
Thus, licensing of uranium enrichnent facilities will be a single step licensing process with one license issued pursuant to 10 CFR Parts 40 and 70 rather than a two part licensing process under 10 CFR Part 50. However, amendments to the Act which addresses the licensing of uranium enrichment facilities also mandate an environmental review, adjudictory hearing, inspectinn before operation, and i
liability insurance. Uranium enrichment facilities remain production facilities for other purposes of the Act such as controlling the export of sensitive equipment and preservation of Federal authority in Agreement States.
Proposed Action i
The Commission is proposing this rulemaking, which is essentially 1
conforming in nature, to amend 10 CFR Parts 40, 50, 51, 70, 75, 110, 140, 150, and 170 as required to implement Pub. L. 101-575.
Pub. L. 101-575 anfended the Act to remove uranium enrichment facilities from consideration as production facilities for the purposes of Chapters 10 and 16 of the Act. As a result, licensing of uranium enrichment facilities will be subject to the procedural licensing provisions of the Act for source material and special nuclear material under 10 CFR Parts 40 and 70 with the addition of new requirements concerning facility construction and operation.
To reflect Pub. L. 101-575 the addition of a definition for uranium enrichment facility is being proposed that would include both (1) a facility used for separating the isotopes of uranium or enriching uranium in the isotope 235 and (2) any equipment or device capable of such action.
Further, the definition continues to except laboratory scale facilities designed or used for expecimental or analytical purposes from licensing as a uranium enrichment 3
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facility, as was the case prior to enactment of Pub.L. 101-575. However, commercial laboratory scale enrichment would be a licensed activity,and sms licensees would be required to have appropriate source material and special nuclear material licneses and to comply with all applicable regulations.
Uranium enrichment facilities remain production f acilities for chapters other than 10 " Atomic Energy Licenses" and 16 " Judicial Review and Administrative Procedure" of the Act. Therefore there is no change for purposes of controlling the export of uranium enrichment sensitive equipment and the preservation of Federal authority over uranium enrichment licensing in Agreement States.
l Five new licensing requirements, specific to the licensing of uranium enrichment facilities, are required by the new Section 193, added to the Act by Pub. L. 101-575. The amendments to the Commission's regulations needed to implement these requirements include:
' The requirement to conduct a single adjudicatory hearing before issuance of a license for construction and operation (proposed 55 40.33 and 70.23a);
The requirement prohibiting issuance of a license to allow construction and operation until the hearing is completed and a decision issued (proposed
@% 40.32(g) and 70.31(e));
The requirement that an Environmental Impact Statement (EIS) be prepared in accoraance with the National Environmental Policy Act before the licensing hearing is completed (See sl 40.31(k), 51.97(c), and 70.21(h));
The requirement that prior to commencement of operation the Commission verify by inspection that the facility has been constructed in accordance with the license, and publish a notice of the inspection results in the Federal Register (proposed ss 40.41(g) and 70.32(k)); and The requirement that the licensee carry public liability insurance against bodily injury, sickness, disease, death, loss of or damage to property, 4
1
and loss of use of property arising out of or resulting from the radioactive, toxic, explosive, or cther hazardous properties of chemical compounds containing source matccial or special nuclear material. The insurance requirement specifically includes the chemical toxicity risks associated with uranium hexafluoride (proposed sl 40.32(g), 70.23(a)(12), and 140.13b).
A number of minor administrative and conforming changes are proposed to implement the amendments to the Act. Of specific note is the d=i-i;tsthe.-he.e category change in 10 CFR Part 170. This administrative change will be appropriately incorporated into the final 10 CFR Part 170 rulemaking on full cost recovery.
Envirormertal Impact: Categorical Exclusion The NRC has deterniined that this proposed regulation is the type of action O)ma described as a categorical exclusion in 10 CFR 51.22(c),(3). Therefore, neither an environmental impact statement nor an environmental assessment has been prepared for this proposed regulation.
Paperwork Reduction Act Statement This proposed rule contains no information collection requirements and therefore is not subject to the requirements of the Paperwork Reduction Act of 1980 (44 U. S. C. 3501 et seq.).
5
Drdft Regulatory Analysis The Commission has prepared a draft regulatory analysis on this proposed regulation.
The analysis examines the costs and benefits of the alternatives i
considered by the Commission. The draft analysis is available for inspection at the NRC Public Document Room, 2120 L Street NW. (Lower Level), Washington, DC.
Single copies of the analysis may be obtained from Mr. C. W. Nilsen, Office of Nuclear Regulatory Research, U.S. Nuclear Regulatory Commission, Washington, DC 20555, telephone (301) 492-3834.
)
The Commission requests public comments on the draf t regulatory analysis.
Comments on the draft analysis may be submitted to the NRC as indicated under l
the ADDRESSES heading.
Regulatory Flexibility Certification j
In accordance with the Regulatory Flexibility Act, 5 U.S.C. 605(b), the Commission certifies that, if promulgated, this rulemaking will not have a significant economic impact on a substantial number of small entities. The proposed rule, when promulgated, would affect only persons who build or operate enrichment facilities for producing enriched uranium. The owners of enrichment facilities do not fall within the scope of the definition of "small entities" set forth in Section 601(3) of the Regulatory Flexibility Act,15 U.S.C. 632, or the Small Business Size Standards set out in regulations issued by the Small Business Administration at 13 CFR Part 121.
6
i Backfit Analysis The NRC has determined that the backfit rule,10 CFR 50.109, does not apply to this proposed rule, and thus, a backfit analysis is not required for these amendments because they do not involve any provisions that would impose backfits as defined in 10 CFR 50.109(a)(1).
List of Subjects Part 40 - Criminal penalty, Government contracts, Hazardous materials -
transportation, Nuclear materials, Reporting and recordkeeping requirements, Source material, Uranium.
Part 50 - Antitrust, Classification information, Criminal penalty, Fire protection, Incorporation by reference, Intergovernmental relations, Nuclear power plants and react 6rs, Radiation protection, Reactor siting criteria, Reporting and recordkeeping requirements.
Part 51 - Administrative practice and procedure, Environmental impact statement, Nuclear materials, Nuclear power plants and reactors, Reporting and recordkeeping requirements Part 70 - Criminal penalty, Hazardous materials - transportation, Nuclear materials, Packaging and containers, Radiation protection, Reporting and recordkeeping requirements, Scientific equipment, Security measures, Special nuclear material.
Part 75 - Criminal penalty, Intergovernmental relations, Nuclear materials, Nuclear power plants and reactors, Reporting and recordkeeping requirements, Security measures.
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Part 110 - Administrative practice and procedure, Classified information, Criminal penalty, Export, import, Incorporation by reference, Intergovernmental relations, Nuclear materials, Nuclear power plants and reactors, Reporting and recordkeeping requirements, Scientific equipment.
Part 140 - Criminal penalty, Extraordinary nuclear occurrence, Insurance, Intergovernmental relations, Nuclear materials, Nuclear power plants and reactors, Reporting and recordkeeping requirements.
Part 150 - Criminal penalty, Hazardous materials - transportation, Intergovernmental relations, Nuclear materials, Reporting and recordkeeping requirements, Security measures, Source material, Special nuclear material.
Part 170 - Byproduct material, Non-payment penalty, Nuclear materials, Nuclear power plants and reactors, Source material, Special nuclear material.
For these reasons set forth in the preamble and under the authority of the
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Atomic Energy Act of 1954, as amended, the Ener y Reorganization Act of 1974, as amended, and 5 U.S.C. 553, the NRC is proposin, to adopt the following conforming amendments to 10 CFR Parts 40, 50, 51, 70, 75, 110, 140, 150 and 170.
PART 40--DOMESTIC LICENSING 0F SOURCE MATERIAL 1.
The authority citation for Part 40 is revised to read as follows:
AUTHORITY: Secs. 62, 63, 64, 65, 81, 161, 182, 183, 186, 68 Stat. 932, 933, 935, 948, 953, 954, 955, as amended, secs. 11e(2), 83, 84, Pub. L.95-604, 92 Stat. 3033, as amended, 3039, sec. 234, 83 Stat. 444, as amended (42 U.S.C.
2014(e)(2),2092,2093,2094,2095,2111,2113,2114,2201,2232,2233,2236, 8
2282); sec. 274, Pub, L.86-373, 73 Stat. 688 (42 U.S.C. 2021); secs. 201, as amended, 202, 206, 88 Stat. 1242, as amended, 1244, 1246 (42 U.S.C. 5841, 5842, 5846); sec. 275, 92 Stat. 3021, as amended by Pub. L.97-415, 96 Stat. 2067 (42 U.S.C. 2022); sec.193, Pub. L.101-575,104 Stat. 2835 (42 U.S.C. 2243).
Section 40.7 also issued under Pub. L.95-601, sec.10, 92 Stat. 2951 (42 U.S.C. 5851). Section 40.31(g) also issued under sec.122, 68 Stat. 939 (42 U.S.C. 2152). Section 40.46 also issued under sec.184, 68 Stat. 954, as amended (42 U.S.C. 2234). Section 40.71 also issued under sec.187, 68 Stat.
955 (42 U.S.C. 2237).
For the purposes of sec. 223, 68 Stat. 958, as amended (42 U.S.C. 2273);
99 40.3, 40.7(g), 40.25(d)(1)-(3), 40.35(a)-(d) and (f), 40.41(b) and (c),
40.46, 40.51(a) and (c), and 40.63 are issued under sec.161b,161i, and 1610, 68 Stat. 948, 949, and 950, as amended (42 U.S.C. 2201(b), 2201(i), and 2201(o)); and SS 40.5, 40.9, 40.25(c), (d)(3), and (4), 40.26(c)(2), 40.35(e),
40.42, 40.61, 40.62, 40'.64, and 40.65 are issued under sec.1610, 68 Stat. 950, as amended (42 U.S.C. 2201(o)).
2.
In s 40.4, the term " Uranium Enrichment Facility" is added to read as follows:
@ 40.4 Definitions.
Uranium enrichment facility means:
(1) Any facility used for separating the isotopes of uranium or enriching uranium in the isotope 235, except laboratory scale facilities designed or used 9
for experimental or analytical purposes only; or (2) Any equipment or device, or important component part especially designed for such equipment or device, capable of separating the isotopes of uranium or enriching uraniuin in the isotope 235.
3.
Section 40.5 is amended by adding paragraph (b)(1)(vi) to read as follows:
9 40.5 Communications.
(b)
- ~ ~
(1)
(vi) Uranium enrichment facilities.
4.
Section 40.31 is amended by adding paragraphs (k) and (1) to read as follows:
s 40.31 Applications for specific licenses.
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( k) A license application for a uranium enrichment facility must be accompanied by an Environmental Report required under Subpart A of Part 51 of this chapter.
(1) A license application that involves the use of source material in a uranium enrichment f acility must include the applicant's provisions for public liability insurance.
5.
Section 40.32 is amended by revising paragraph (e) and adding paragraph (g) to read as follows:
5 40.32 General requirements for issuance of specific licenses.
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(e)
In the case of an application for a license for a uranium enrichment facility, or for a license to possess and use source and byproduct material for uranium milling, production of uranium hexafluoride, or for the conduct of any other activity which the Commission determines will significantly affect the quality of the environment, the Director of Nuclear Material Safety and Safeguards or his designee, before commencement of construction of the plant or facility in which the activity will be conducted, on the basis of information filed and evaluations made pursuant to Subpart A of Part 51 of this chapter, has concluded, af ter weighing the environmental, economic, technical and other benefits against environmental costs and considering available alternatives, that the action 11
called for is the issuance of the proposed license, with any appropriate l
conditions tu protect environmental values.
Commencement of construction prior to this conclusion is grounds for denial of a license to possess and use source and byproduct material in such plant or facility. As used in this paragraph, the term " commencement of construction" means any clearing of land, excavation, or other substantial action that would adversely affect the environment of a l
site. The term does not mean site exploration, roads necessary for site exploration, borings to determine foundation conditions, or other preconstruction monitoring or testing to establish background information related to the suitability of the site or the protection of environmental values.
-W l
(g#
) Where the proposed activity involves use of source material in a uranium enrichment facility, the applicable provisions of Part 140 of this chapter have been satisfied.
6.
A new s 40.33' is added to read as follows:
40.33 Issuance of a license for a uranium enrichment facility.
(a) Commission will hold a hearing under 10 CFR Part 2, Subparts G and I, on each application with regard to the licensing of the construction and operation of a uranium enrichment facility. There will be at least 30 days' notice of the hearing by publication in the Federal Register.
(b) A license for a uranium enrichment facility will net be issued before the hearing is completed and a decision issued on the application.
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7.
Section 40.41 is amended by adding paragraph (g) to read as follows:
s 40.41 Terms and conditions of licenses.
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l (g) A person with a license for a uranium enrichment facility may not l
commence operation of the facility before the Commission verifies through inspection that the facility has been constructed in accordance with the requirements of the license. The Commission shall publish notice of the inspection results in the Federal Register.
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8.
In s 40.65, the introductory text of paragraph (a) is revised to read l
as follows:
~
s 40.65 Effluent monitoring reporting requirements.
(a) Each licensee authorized to possess and use source material in uranium milling, in production of uranium hexafluoride, or in a uranium enrichment facility shall:
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PART 50--D0MESTIC LICENSING 0F PRODUCTION AND UTILIZATION FACILITIES j
9.
The authority citation for Part 50 continues to read as follows:
l AUTHORITY: Secs. 102, 103, 104, 105, 161, 182, 183, 186, 189, 68 Stat.
936, 937, 938, 948, 953, 954, 955, 956, as amended, sec. 234, 83 Stat. 1244, as amended (42 U.S.C. 2132, 2133, 2134, 2135, 2201, 2232, 2233, 2236, 2239, 2282);
secs. 201, as amended, 202, 206, 88 Stat. 1242, as amended, 1244, 1246 (42 U.S.C. 5841, 5842, 5846).
Section 50.7 also issued under Pub. L.95-601, sec.10, 92 Stat. 2951 (42 U.S.C. 5851). Section 50.10 also issued under secs. 101, 185, 68 Stat. 936, 955, as amended (42 U.S.C. 2131, 2235); sec.102, Pub. L.91-190, 83 Stat. 853 (42 U.S.C. 4332). Sections 50.13, 50.54(dd), and 50.103 also issued under sec. 108, 68 Stat. 939, as amended (42 U.S.C. 2138). Sections 50.23, 50.35, 50.55, and 50.56 also issued iinder sec.185, 68 Stat. 955 (42 U.S.C. 2235). Sections 50.33a, 50.55a and Appendix Q also issued under sec.102, Pub. L.91-190, 83 Stat. 853 (42 U.S.C. d332). Sections 50.34 and 50.54 also issued under sec. 204, 88 Stat.1245 (42 U.S.C. 5844). Sections 50.58, 50.91, and 50.92 also issued under Pub. L.97-415, 96 Stat. 2073 (42 U.S.C. 2239). Section 50.78 also issued under sec. 122, 68 Stat. 939 (42 U.S.C. 2152). Sections 50.80 -
50.81 also issued under sec. 184, 68 Stat. 954, as amended (42 U.S.C. 2234).
Appendix F also issued under sec.187, 68 Stat. 955 (42 U.S.C. 2237).
For the purposes of sec. 223, 68 Stat. 958, as amended (42 U.S.C. 2273);
QS 50.46(a) and (b), and 50.54(c) are issued under sec. 161b, 68 Stat. 948, as amended (42 U.S.C. 2201(b)); ss 50.7(a), 50.10(a)-(c), 50.34(a) and (e),
50.44(a)-(c), 50.46(a) and (b), 50.47(b), 50.48(a), (c), (d), and (e),
50.49(a),50.54(a),(i),(i)(1),(1)-(n),(p),(q),(t),(v),'and(y),
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50.55(f), 50.55a(a), (c)-(e), (g), and (h), 50.59(c), 50.60(a), 50.22(c),
50.64(b), and 50.80(a) and (b) are issued under sec.161i, 68 Stat. 949, as amended (42 U.S.C. 2201(i)); and 69 50.49(d), (h), and (j), 50.54(w), (z),
(bb), (cc), and (dd), 50.55(e), 50.59(b), 50.61(b), 50.62(b), 50.70(a),
50.71(a)-(c) and (e), 50.72(a), 50.73(a) and (b), 50.74, 50.78, and 50.90 are issued under sec. 1610, 68 Stat. 950, as amended (42 U.S.C. 2201(o)).
10.
In s 50.2, paragraph (2) of the term " Production Facility" is revised to read as follows:
5 50.2 Definitions.
Production facilit'y means:
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(2) Any facility designed or used for the separation of the isotopes of plutonium, except laboratory scale facilities designed or used for experimental l
l or analytical purposes only; or i
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l 11.
In s 50.33a, paragraph (e) is revised to read as follows:
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% 50.33a Information requested by the Attorney General for antitrust review.
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(e) Any person who applies for a class 103 construction permit for a fuel reprocessing plant shall submit such information as may be regeested by the l
Attorney General for antitrust review, as a separate document, as soon as possible and in accordance with 5 2.101 of this chapter.
l PART 51--ENVIRONMEt1TAL PROTECTION REGULATIONS FOR DOMESTIC LICENSING AND RELATED REGULATORY FUNCTIONS
- 12. The authority citation for Part 51 is revised to read as follows:
I AUTHORITY:
Sec.161, 68 Stat. 948, as amended (42 U.S.C. 2201); secs. 201, as amended, 202, 88 Stat.1242, as amended, 1244 (42 U.S.C. 5841, 5842).
Sec. 193, Pub. L. 101-575, 104 Stat. 2835 (42 U.S.C. 2243).
Subpart A also issued under National Environmental Policy Act of 1969, secs. 102, 104, 105, 83, Stat. 853-854, as amended (42 U.S.C. 4332, 4334, 4335); and Pub. L.95-604, Title II, 92 Stat. 3033-3041.
Sections 51.20, 51.30, 51.60, 51.61, 51.80, and 51.97, also issued under secs.' 135, 141 Pub. L.
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97-425, 96 Stat. 2232, 2241, and sec.148, Pub. L.100-203,101 Stat.1330-223 (42 U.S.C. 10155, 10161, 10168). Section 51.22 also issued under sec. 274, 73 Stat. 688, as amended by 92 Stat. 3036-3038 (42 U.S.C. 2021) and under Nuclear Waste Policy Act of 1982, sec. 121, 96 Stat. 2228 (42 U.S.C. 10141).
Secs.
51.43, 51.67, and 511.09 also issued under Nuclear Waste Policy Act of 1982, sec.114(f), 96 Stat. 2216, as amended (42 U.S.C.10134(f)).
13.
In 5 51.14, the term " Uranium Enrichment Facility" is added to read i s iollows:
s 51.14 Definitions.
Uranium enrichment facility means:
(1) Any facility used for separating the isotopes of uranium or enriching uranium in the isotope 235, except laboratory scale facilities designed or used for experimental or analytical purposes only; or (2) Any equipment or device, or important component part especially designed for such equipment or device, capable of separating the isotopes of uranium or enriching uranium in the isotope 235.
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14 Section 51.20 is amended by adding paragraph (b)(15) to read as follows:
6 51.20 Criteria for and identification of licensing and regulatory actions requiring environmental impact statements.
(b)
(15) Issuance of a license for a uranium enrichment facility.
- 15. Section 51.60 is amended by adding paragraph (b)(1)(vii) to read as follows:
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6 51.60 EnvironmentaT report - materials licenses.
(b)
(1)
(vii) Construction and operation of a uranium enrichment facility.
- 16. Section 51.97 is amended by adding paragraph (c) to read as follows:
s 51.97 Final environmental impact statement - materials license.
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(c) Uranium enrichment facility.
A final environmental impact statement must be prepared before the hearing on the issuance of a license for a uranium enrichment facility is completed.
PART 70--DOMESTIC LICENSING 0F SPECIAL NUCLEAR MATERIAL
- 17. The authority citation for Part 70 is revised to read as follows:
AUTHORITY: Secs. 51, 53, 161, 182, 183, 68 Stat. 929, 930, 948, 953, 954, as amended, sec. 234, 83 Stat. 444, as amended (42 U.S.C. 2071, 2073, 2201, 2232, 2233, 2282); secs. 201, as amended, 202, 204, 206, 88 Stat. 1242, as amended, 1244, 1245, 1246 (42 U.S.C. 5841, 5842, 5845, 5846); sec. 193, Pub. L.
101-575, 104 Stat. 2835 (42 U.S.C. 2243).
Sections 70.1(c) and 70.20a(b) also issued under secs. 135, 141, Pub. L.97-425, 96 Stat. 2232, 2241 (42 U.S.C. 10155, 10161).
Section 70.7 also issued under Pub. L.95-601, sec. 10, 92 Stat. 2951 (42 U.S.C. 5851). Section 70.21(g) also issued under sec. 122, 68 Stat. 939 (42 U.S.C. 2152).
Section 70.31 also issued under sec. 57d, Pub. L.93-377, 88 Stat. 475 (42 U.S.C.
2077). Sections 70.36 and 70.44 also issued under sec.184, 68 Stat. 954, as amended (42 U.S.C. 2234). Section 70.61 also issued under secs. 186, 187, 68 Stat. 955 (42 U.S.C. 2236, 2237).
Section 70.62 also issued under sec. 108, 68 Stat. 939, as amended (42 U.S.C. 2138).
For the purposes of sec. 223, 68 Stat. 958, as amended (42 U.S.C. 2273);
l5 70.3, 70.7(g), 70.19(c), 70.21(c), 70.22(a), (b), (d)-( k), 70.24(a) and (b),
70.32(a)(3), (5), (6), (d), and (i), 70.36, 70.39(b) and (c), 70.41(a),
70.42(a)and(c),70.56,70.57(b),(c),and(d),70.58(a)-(g)(3),and(h)-(j) 19
l l
l l
l are issued under sec. 161b, 161i, and 1610, 68 Stat. 948, 949, and 950, as l
amended (42 U.S.C. 2201(b), 2201(i), and 2201(o)); SS 70.7, 70.20a(a) and (d),
70.20b(c) ant (e),70.21(c),70.24(b),70.32(a)(6),(c),(d),(e),and(g),
70.36, 70.51(c)-(g), 70.56, 70.57(b) and (d), and 70.58 (a)-(g)(3) and (h)-(j) are issued under sec. 1611, 68 Stat. 949, as amended (42 U.S.C. 2201(i)); and SS 70.5, 70.9, 70.20b(d) and (e), 70.38,70.51(b)and(i),70.52,70.53,70.54, 70.55, 70.58(g)(4), (k), and (1), 70.59, and 70.60(b) and (c) are issued under sec. 1610, 68 Stat. 950, as amended (42 U.S.C. 2201(o)).
18.
In s 70.4, the term " Uranium Enrichment Facility" is added to read as follows:
5 70.4 Definitions.
Uranium enrichment facility means:
1 (1) Any facility used for separating the isotopes of uranium or enriching uranium in the isotope 235, except laboratory scale facilities designed or used l
for experimental or analytical purposes only; or l
(2) Any equipment or device, or important component part especially designed l
for such equipment or device, capable of separating the isotopes of uranium or enriching uranium in the isotope 235.
i 20 l
19.
Section 70.5 is amended by adding paragraph (b)(1)(vii) to read as follows:
$ 70.5 Communications.
(b)
~*
(1)
(vii) Uranium Enrichment Facility.
- 20. Section 70.21 is amended by revising paragraph (a)(1) and adding paragraph (h) to read as follows:
$ 70.21 Filing.
(a)(1) A person niay apply for a license to possess and use special nuclear material in a plutonium processing or fuel fabrication plant, or for a uranium enrichment facility license by filing 25 copies of the application with the Director, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555.
(h) A license application for a uranium enrichment facility must be accompanied by an Environmental Report required under Subpart A of Part 51 of this chapter.
21
21.
Section 70.22 is amended by adding paragraph (m) to read as follows:
9 70.22 Contents of applications.
Mc Y (m) A license application that involves the use of special, material in a uranium enrichment facility must include the applicant's provisions for public liability insurance.
i
- 22. Section 70.23 is amended by revising paragraphs (a)(7) and (a)(11) and by adding paragraph (a)(12) to read as follows:
l a
9 70.23 Requirements for the approval c applications.
~
j (a)
(7) Where the proposed activity is processing and fuel fabrication, scrap f
recovery, conversion of uranium hexafluoride, uranium enrichment facility construction and operation, or any other activity which the Commission determines will significantly affect the quality of the environment, the Director of Nuclear Material Safety and Safeguards or his designee, before connencement of construction
.j of the plant or facility in which the activity will be conducted, on the basis 4
of information filed and evaluations made pursuant to Subpart A of Part 51 of this chapter, has concluded, after weighing '- environmental, economic, technical, and other benefits against environmental costs and considering available alternatives, that the action called for is the issuance of the proposed license, with any appropriate conditions to protect environmental value's.
Commencement 22
of construction prior to this conclusion is grounds for denial to possess and use special nuclear material in such plant or facility.
As used in this paragraph the term " commencement of construction" means any clearing of land, excavation, or other substantial action that would adversely affect the environment of a site.
The term does not mean site exploration, roads necessary for site exploration, borings to determine foundation conditions, or other preconstruction monitoring or testing to establish background information related to the suitability of the site or the protection of environmental values.
(11) Where the proposed activity is processing and fuel fabrication, scrap recovery, conversion of uranium hexafluoride, or involves the use of special nuclear material in a uranium enrichment facility, the applicant's proposed emergency plad is adequate.
(12) Where the proposed activity is use of special nuclear material in a uranNm enrichment facilit,, the applicable provisions of Part 140 of this chapter have been satisfied.
- 23. A new s 70.23a is added to read as follows:
9 70.23a Hearing required for uranium enrichment facility.
]
The Commission will hold a hearing under 10 CFR Part 2, Subparts G and I, on each application with regard to the licensing of the construction and operation of a uranium enrichment facility.
The hearing will be held after at least 30 days' notice and publication in the Federal Register.'
23
1 24.
Section 70.25 is amended by revising paragraph (a) to read as follows:
@ 70.25 Financial assurance and recordkeeping for decommissioning.
(a) Each applicant for a specific license authorizing the possession and 5
use of unsealed special nuclear material in quantities exceeding 10 times the applicable quantities set forth in Appendix C to ss 20.1 - 20.601 of 10 CFR Part 20, or in a' uranium enrichment facility, shall submit a decommissioning funding plan as described in paragraph (e) of this section. A decommissioning funding plan must also be submitted when a combination of isotopes is involved 5
if R divided by 10 is greater than 1 (unity rule), where R is defined here as the sum of the ratios of the quantity of each isotope to the applicable value in Appendix C to 56 20.1 - 20.601 of 10 CFR Part 20.
6 25.
Section 70.31 is amended by adding paragraph (e) to read as follows:
i 9 70.31 Issuance of licenses.
i (e) A license for a uranium enricnment facility will not be issued before veder lo c r% kt.2.,5dy,45 64 I, ** wk. aglwefn* Gr c*rfrvas =4 opeddw A nc a_e e hearing is completed and a decision issued on the application.
JQ.t bg 4
E 24
26.
Section 70.32 is amended by adding paragraph (k) to read as follows:
5 70.32 Conditions of licenses.
1 i
(k) A person with a license for a uranium enrichment facility may not 4'
commence operation of the facility before the Commission verifies through l
inspection that the facility has been constructed in accordance with the requirements of the license.
The Commission shall publish notice of the 1
I inspection results in the Federal Register.
27.
Section 70.59 is amended by revising the introductory text of paragraph (a) to read as follows:
s 70.59 Effluent monitoring reporting requirements.
(a) Each licensee authorized to possess and use special nuclear material for processing and fuel fabrication, scrap recovery, conversion of uranium hexafluoride, or in a uranium enrichment facility shall:
6 25 4
l
PART 75--SAFEGUARDS ON NUCLEAR MATERIAL--lMPLEMENTATION OF US/lAEA AGREEMENT
- 28. The authority citation for Part 75 is revised to. read as follows:
AUTHORITY: Secs. 53, 63,103,104,122,161, 68 Stat. 930, 932, 936, 937, 939, 948, as amended (42 U.S.C. 2073, 2093, 2133, 2134, 2152, 2201); sec. 201, 88 Stat. 1242, as amended (42 U.S.C. 5841); sec. 5, Pub. L. 101-575, 104 Stat.
2835.
Section 75.4 also issued under secs. 135, 141, Pub. L.97-425, 96 Stat.
2232, 2241 (42 U.S.C. 10155, 10161).
For the purposes of sec. 223, 68 Stat. 958, as amended (42 U.S.C. 2273);
the provisions of this part are issued under sec. 1610, 68 Stat. 950, as amended (42 U.S.C. 2201(o)).
29.
In 5 75.4, paragraphs (k)(6) and (s) are added to read as follows:
5 75.4 Definitions.
I (k)
(6) Uranium enrichment facility.
e 26
(s) Uranium enrichment facility means:
(1) Any facility used for separating the isotopes of uranium or enriching uranium in the isotope 235, except laboratory scale facilities designed or used for experimental or analytical purposes only; or (2) Any equipment or device, or important component part especially designed for such equipment or device, capable of separating the isotopes of uranium or enriching uranium in the isotope 235.
PART 110--EXPORT AND IMPORT OF NUCLEAR EQUIPMENT AND MATERIAL
- 30. The authority citation for Part 110 is revised to. read as follows:
AUTHORITY: Secs. 31, 53, 54, 57, 63, 64, 65, 81, 82, 103, 104, 109, 111, 126, 127, 128, 129, 161, 181, 182, 183, 187, 189, 68 Stat. 929, 930, 931, 932, 933, 936, 937, 948, 953, 954, 955, 956, as amended (42 U.S.C. 2071, 2073, 2074, 2077, 2092-2095, 2111, 2112, 2133, 2134, 2139, 2139a, 2141, 2154-2158, 2201, 2231-2233, 2237, 2239); sec. 201, 88 Stat.1242, as amended (42 U.S.C. 5841);
sec. 5, Pub. L. 101-575, 104 Stat. 2835.
Section 110.1(b)(2) also issued under Pub. L. 96-92,93 Stat.710(22 U.S.C. 2403). Section 110.11 also issued under sec. 122, 68 Stat. 939 (42 U.S.C. 2152) and secs. 54c and 57d., 88 Stat. 473, 475 (42 U.S.C. 2074).
Section 110.27 also issued under sec. 309(a), Pub. L.99-440.
Section 110.50(b)(3) also issued under sec. 123, 92 Stat. 142 (42 U.S.C. 2153).
Section 110.51 also issued under sec. 184, 68 Stat. 954, as amended (42 U.S.C.
27
2234).
Section 110.52 also issued under sec. 186, 68 Stat. 955 (42 U.S.C.
2236). Sections 110.80-110.113 also issued under 5 U.S.C. 552, 554 Sections 110.30-110.35 also issued under 5 U.S.C. 553.
For the purposes of sec. 223, 68 Stat. 958, as amended (42 U.S.C. 2273);
$6 110 20-110.29, 110.50, and 110.120-110.129 also issued under secs. 161b and i, 68 Stat. 948, 949, as amended (42 U.S.C. 2201(b) and (i)); and 6 110.7a, 110.53 also issued under sec. 1610, 68 Stat. 950, as amended (42 U.S.C.
2201(o)).
31.
In 5110.2 the new term " Uranium Enrichment Facility" is added to read as follows:
6 110.2 Definitions.
~
- Uranium enrichment f acility means:
(1) Any facility used for separating the isotopes of uranium or enriching uranium in the isotope 235, except laboratory scale facilities designed or used for experimental or analytical purposes only; or (2) Any equipment or device, or important component part especially designed for such equipment or device, capable of separating the isotopes of uranium or enriching uranium in the isotope 235.
28
I
- 32. Section 110.9a is amended by adding paragraph (e) to read as follows:
l 9 110.9a List of nuclear equipment and material under NRC import licensing authority.
(e) Uranium enrichment f acility.
PART 140--FINANCIAL PROTECTION REQUIREMENTS AND INDEMNITY AGREEMENTS l
- 33. The authority citation for Part 140 is revised to read as follows:
l AUTHORITY:
Secs. 161, 170, 68 Stat. 948, 71 Stat. 576, as amended (42 U.S.C. 2201, 2210); secs. 201, as amended, 202, 88 Stat. 1242, as amended, 1244 (42 U.S.C. 5841, 5842); sec. 193, Pub. L. 101-575, 104 Stat. 2835 (42 U.S.C.
2243).
For the purposes of sec. 223, 68 Stat. 958, as amended (42 U.S.C. 2273);
$$ 140.11(a), 140.12(a), 140.13, and 140.13a are issued under sec. 161b, 68 Stat. 948, as amended (42 U.S.C. 2201(b)); and 5 140.6 is issued under sec. 1610, 68 Stat. 950, as amended (42 U.S.C. 2201(o)).
29
l
- 34. A new 5 140.13b is added to read as follows:
6 140.13b Amount of financial protection required for uranium enrichment facility.
Each holder of a license issued under Parts 40 or 70 of this chapter for a uranium e7richment facility that inv.ives the use of source material or special nuclear material is required to have and maintain liability insurance. The liability insurance must be the type and in the amounts the Commission judges appropriate to cover liability claims arising out of any occurrence within the United States that causes, within or outside the United States, bodily injury, sickness, disease, death, loss of or damage to property, or loss of use of property arising out of or resulting from the radioactive, toxic, explosive, or other hazardous properties of chemical compounds containing source material or special nuclear material.
Proof of financial protection must be filed with the Commission as required by Q 140.15 before issuance of the license under Parts 40 and 70 of this chapter.
PART 150--EXEMPTIONS AND CONTINUED REGULATORY AUTHORITY IN AGREEMENT STATES AND IN OFFSHORE WATERS UNDER SECTION 274 35.
The authority citation for Part 150 is revised to read as follows:
AUTHORITY:
Sec.161, 68 Stat. 948, as amended, sec. 274, 73 Stat. 688 (42 l
U.S.C. 2201, 2021); sec. 201, 88 Stat. 1242, as amended (42 U.S.C. 5841); sec.
5, Pub. L. 101-575, 104 Stat. 2835.
30
I Sections 150.3, 150.15, 150.15a, 150.31, 150.32 also issued under secs.
11e(2), 81, 68 Stat. 923, 935, as amended, secs. 83, 84, 92 Stat. 3033, 3039 (42 U.S.C. 2014e(2), 2111, 2113, 2114). Section 150.14 also issued under sec.
53,68 Stat.930,asamended(42U.S.C.2073).Section150.15alsoissuedunder secs.135,141, Pub. L.97-425, 96 Stat. 2232, 2241 (42 U.S.C.10155,10161).
Section 150.17a also issued under sec. 122, 68 Stat. 939 (42 U.S.C. 2152).
Section 150.30 also issued under sec. 234, 83 Stat. 444 (42 U.S.C. 2282).
For the purposes of sec. 223, 68 Stat. 958, as amended (42 U.S.C. 2273);
SS 150.20(b)(2)-(4) and 150.21 are issued under sec.161b, 68 Stat. 948, as amended (42 U.S.C. 2201(b)); G 150.14 is issued under sec. 1611, 68 Stat. 949, as amended (42 U.S.C. 2201(i)); and 59150.16-150.19 and 150.20(b)(1) are issued under sec. 1610, 68 Stat. 950, as amended (42 U.S.C. 2201(o)).
36.
In i 150.3, paragraph (h) is revised and paragraph (m) is added to j
read as follows:
~
s 150.3 Definitions.
l (h) " Production facility" means:
(1) Any equipment or device determined by rule of the Commission to be Cdptble of the production of special nuclear material in such quantity as to be of significance to the common defense and security, or in such manner as to affect the health and safety of the public; or 31
(2) Any important component part especially designed for such equipment or device as determined by the Commission.
As used in this part, production facility includes a uranium enrichment facility; (m) " Uranium enrichment facility" means:
(1) Any facility used for separating the isotopes of uranium or er.riching uranium in the isotope 235, excef laboratory scale facilities designed or used for experimental or analytical purposes only; or (2) Any equipment or device, or important component part especially designed for such equipment or device, capable of separating the isotopes of uranium or enriching uranium in the isotope 235.
PART 170--FEES FOR FACILITIES AND MATERIALS LICENSES AND OTHER I
REGULATORY SERVICES UNDER THE ATOMIC ENERGY ACT OF 1954, AS AMENDED
- 37. The authority citation for Part 170 continues to read as follows:
AUTHORITY:
31 U.S.C. 9701, 96 Stat. 1051; sec. 101, Pub. L.92-314, 86 Stat. 222 (42 U.S.C. 2201w); sec. 201, 88. Stat.1242, as amended (42 U.S.C.
5841).
32
38.
In 5 170.3, paragraph (2) of the term production facility is revised and a new term " Uranium enrichment facility" is ecded to read as follows:
9 170.3 Definitions.
Production facility (2) Any facility designed or used for the separation of the isotopes of plutonium, except laboratory scale facilities designed or used for experimental or analytical purposes only; or Uranium enrichment facility means:
(1) Any facility used for separating the isotopes of uranium or enriching uranium in the isotope 235, except laboratory scale facilities designed or used for experimental or analytical purposes only; or (2) Any equipment or device, or important component part especially designed for such equipment or device, capable of separating the isotopes of uranium or enriching uranium in the isotope 235.
1 33
$ 170.21 [ Amended]
39.
In 9 170.21, the table " Schedule of Facility Fees" is amended by removing and reserving Category E, Uranium Enrichment Plant.
40.
In 9 170.31, the table " Schedule of Material Fees" is revised by adding (1)(E) to read as follows:
i 9 170.31 Schedule of fees for materials licenses and other regulatory l
l services, including inspection.
l i
SCHEDULE OF MATERIALS FEES iSee footnotes at the end of table)
I Category of materials licenses and type of fees 1/
Fee /, 3_/
2 1.
Special nuclear material:
E.
License for construction and operation of a uranium enrichment facility.
t l
l Application................
$125,000 License, Renewal, Amendment......
Full Cost Inspection:
Routine..................
Full Cost Nonroutine...
Full Cost 34 l
i 1/ ypes of fees - Separate charges as shown in the schedule will be T
assessed for preaplication reviews and applications for new licenses and approvals, issuance of new licenses and approvals, amendments and renewals to existing licenses and approvals, safety evaluations of sealed sources and devices, and inspections. The following guidelines apply to these charges:
j i
(a) Application fees - Applications for new materials licenses and approvals or applications to reinstate expired licenses and approvals not subject to fees assessed at full cost must be accompanied by the prescribed application fee for each category, except that applications for licenses covering more than one fee category of special nuclear material or source material must be accompanied by the prescribed application fee for the highest fee category.
(b) License / approval / review fees - Fees for applications for new licenses and approvals subject Yo full cost fees (fee Categories IA, IB, 2A, 4A, 58, 10A,11,12,13A,14, and 15) are due upon notification by the Commission in accordance with 5170.12(b), (e) and (f).
(c) Renewal /reapproval fees - Applications for renewal of licenses and approvals must be accompanied by the prescribed renewal fee for each category, except that fees for applications for renewal of licenses and approvals subject to full cost fees (fee Categories 1A, IB, 2A, 4A, 58,10A,11,12,13A,14, and
- 15) are due upon notification by the Commission in accordance with 5 170.12(d).
(d) Amendment fees - Applications for amendments to licenses and approvals, except those subject to fees assessed at full cost, must be accompanied by the prescribed amendment fee for each license affected. An application for an amendment to a license or approval classified in more than one fee category must be accompanied by the prescribed amendme'nt fee for the 35
.=.
category affected by the amendment unless the amendment is applicable to two or more fee categories, in which case the amendment fee for the highest fee category ___pphes.
4._ _rr:f.
For those licenses and approvals subject to full costs (feeCategories1A,18,2A,4A,58,10A,11,12,13A,14,and15), amendment fees are due upon notification by the Commission in accordance with 5170.12(c).
An application for amendment to a materials license or approval that would place the license or approval in a higher fee category or add a new fee category must be accompanied by the prescribed application fee for the new category.
An application for amendment to a license or approval that would reduce the scope of a licensee's program to a lower fee category must be accompanied by the prescribed amendment fee for the lower fee category.
Applications to terminate licenses authorizing small materials programs, when no dismantling or~ decontamination procedures is required, are not subject to fees.
(e) Inspection fees - Separate charges will be assessed for each routine and nonroutine inspection performed, including inspections conducted by the NRC of Agreement State licensees who conduct activities in non-Agreement States under the reciprocity provisions of 10 CFR 150.20.
Inspections resulting from investigations conducted by the Office of Investigations and nonroutine inspections that result from third-party allegations are not subject to fees.
If a licensee holds more than one materials license at a single location, a fee equal to the highest fee category covered by the licenses will be assessed if the inspections are conducted at the same time, unless the inspection fees are based on the full cost to conduct the inspection. The fees assessed at full cost will be determined based on the professional staff time r'equired to 36
conduct the inspection multiplied by the rate established under s 170.20 to which any applicable contractual support services costs incurred will be added.
Licenses covering more than one category will be charged a fee equal to the
)
highest fee category covered by the license.
Inspection fees are due upon notification by the Commission in accordance with 5170.12(g).
See Footnote 5 for other inspection notes.
2/ ees will not be charged for orders issued by the Commission pursuant to F
l 10 CFR 2.104 nor for amendments resulting specifically from such Commission j
orders. However, fees will be charged for approvals issued pursuant to a specific exemption provision of the Commission's regulations under. Title 10 of the Code of Federal Regulations (e.g., $s 30.11, 40.14, 70.14, 73.5, and any other sections now or hereafter in effect) regardless of whether the approval is in the form of a license amendment, letter of approval, safety evaluation report, or other form.~ In addition to the fee shown, an applicant may be assessed an additional fee for sealed source and device evaluations as shown in Category 9A through 9D.
3_/ ull cost fees will be determined based on the professional staff time F
and appropriate contractual support services expended.
For those applications currently on file and for which fees are determined based on the full cost expended for the review, the professional staff hours expended for the review of the application up to the effective date of this rule will be determined at the professional rates established for the June 20, 1984, January 30, 1989, and July 2, 1990, rules, as appropriate. For those applications currently on file for which review costs have reached an applicable fee ceiling established by the June 20, 1984, and July 2,1990, rules, but are still pending completion of 37
the review, the cost incurred after any applicable ceiling was reached through January 29, 1989, will not be billed to the applicant. Any professional staff-hours expended above those ceilings on or after January 30, 1989, will be assessed at the applicable rates established by 9 170.20, as appropriate, except for topical report; whvic costs exceed $50,000. Costs which exceed
$50,000 for each topical report, amenai.:ent, revision, or supplement to a topical report completed or under review from January 30, 1989, to the effective date of this rule will not be billed to the applicant. Any professional hours expended on or after the effective date of this rule will be assessed at the rate established in s 170.20.
In no event will the total review costs be less than twice the hourly rate shown in 9 170.20.
Dated at Rockville, Maryland, this day of
, 1991.
For the Nuclear Regulatory Commission.
Samuel J. Chilk, Secretary of the Commission.
38
Document Name:
NILSEN FRN Requestor's ID:
MENDIOLA Author's Name:
RES Document Comments.
RES Format: Federal Register Notice l
i
)
1
~
i
1 1
l 1
i ENCLOSURE B 1
Draf t Regulatory Analysis j
i
=
1 l
i REGULATORY ANALYSIS Uranium Enrichmen6 V
wn; Proposed Rulemaking Conforming 10 CFR Parts 40, 50, 51, 70, 75, 110, 140, 150, and 170 to the
]
Requirements of Pub. L. 101-575 1.
Statement of Problem On November 15, 1990, the President signed the Solar, Wind, Waste, and Geothermal Power Production Incentives Act of 1990, which amended the Atomic l
Energy Act (the Act) with respect to regulating uranium enrichment. The l
principal effect of these changes.
. hat uranium enrichment facilities will be licensed subject to the provisions of the Act pertaining to source material l
and special nuclear material rather than provisions pertaining to a production facility. Thus, licensing of uranium enrichment plants will be performed pursuant to 10 CFR Parts 40 and 70 rather than 10 CFR Part 50. A new Section 193 of the Act contains revised requirements for enrichment facilities with respect to environmental review, adjudicatory hearings, inspection before operation, liability insurance, and decommissioning. A number of administrative and I
conforming changes need to be made to 10 CFR Chapter I to implement the amendments to the Act. The Parts that need amendments include 40, 50, 51, 70, I
l 75, 110, 140, 150, and 170.
l l
l
2.
Objective Conforming amendments to the pertinent parts of 10 CFR Chapter I will be published for public coment in the Federal Register. Public comments received will be considered in final rulemaking action.
3.
Alternatives There appear to be no alternatives to.the codification of the conforming regulations.
4.
Benefits and Costs The chief benefit to the public, industry, and NRC will be that derived from the codification 5f the Commission's regulations to conform to these changes to the Atomic Energy Act as amended. Codification will facilitate the process for review of any license application for an enrichment facility and provide the final regulatory base for health and safety review of the application.
The principal cost will be the expenditure of staff resources in codifying i
the requirements, which is estimated at 0.5 staff years. Codification of the i
requirements should also result in a better understanding of the procedures and requirements for licensing of enrichment facilities, and thereby reduce the litigation burden that might result from not having the provisions of the Act codified in regulation.
i l
2
)
i 1
i i
4 i
5.
Decision Rationale and Conclusion Public Law 100-575, by amending the Atomic Energy Act of 1954, changes the j
way uranium enrichment facilities are licensed and adds several new procedural requirements. The Commission's regulations must conform to these changes.
f A proposed rule providing the necessary amendments to the Commission's regulations should be published for public comment and codified through the formal rulemaking process.
d 6.
Implementation i
6.1 Schedule for Implementing the Proposed Reouirements 1
The rule is expected to be issued in final form in mid-1992. There are no current NRC licensees which will be covered under the rule. Accordingly, there are no issues pertaining to implementation for existing facilities.
i 6.2 Relationship to Other Existing or Proposed Requirements t
i There are no known impacts on or conflicts with other existing or proposed i
requirements.
]
a z
I i
3
Document Name:
REGULATORY ANALYSIS /NILSEN Requestor's ID:
- MENDIOLA Author's Name:
CNilsen Document Comments:
I i
i
<--v
-n--
l l
1 i
ENCLOSURE C Congressional Letters 1
1
p+'%
y" UNITED STATES o
.E NUCLEAR REGULATORY COMMISSION I
WASHINGTON, D.C. 20565 o...../
s, The Honorable Bob Graham, Chairman Subcommittee on Nuclear Regulation Committee on Environmental and Public Works United States Senate Washington, DC 20510
Dear Mr. Chairman:
In a few days the Nuclear Regulatory Commission (NRC), will publish in the Federal Register the enclosed proposed amendments to the NRC's regulations concerning uranium enrichment facilities. These proposed amendments are being promulgated by the Commission to change its rules for regulation of uranium enrichment facilities to conform to amendments made to the Atomic Energy Act of 1954 (the Act) by the " Solar, Wind, Waste, and Geothermal Power Production Incentives Act of 1990," signed by the President on November 15, 1990.
The proposed conforming amendments are to 10 CFR Parts 40, 50, 51, 70, 75, 110, 140, 150, and 170.
The principal effect of these confonning changes is that uranium enrichment facilities will be licensed subject to the provisions of the Act for source and special nuclear material rather than the provisions for.a production facility.
These proposed conformTng changes include the specific requirements for environmental review, adjudicatory hearings, inspection before operation, and liabilit device (y insurance. The changes apply to the licensing of "any equipment or or important component part especially designed for such equipment or l
l device) capable of separating the isotopes of uranium or enriching uranium in the isotope 235," as defined in the amended Act.
The NRC is issuing the proposed rule allowing 75 days for public comment and has t
specifically requested comments on the proposed rule, and the draft regulatory analysis.
Sincerely, Eric S. Beckjord, Director Office of Nuclear Regulatory Research
Enclosure:
Federal Register Notice cc: Senator Alan K. Simpson
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WASHINGTON, D.C. 20556 j
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The Honorable Peter H. Kostmayer, Chairman Subcommittee on Energy and the Environment Committee on Interior and Insular Affairs United States House of Representatives Washington, DC 20515
Dear Mr. Chairman:
j In a few days the Nuclear Regulatory Commission (NRC), will publish in the Federal Register the enclosed proposed amendments to the NRC's regulations concerning uranium enrichment facilities. These proposed amendments are being promulgated by the Commission to change its rules for regulation of uranium enrichment facilities to conform to amendments made to the Atomic Energy Act of 1954 (the Act) by the " Solar, Wind, Waste, and Geothermal Power Production Incentives Act of 1990," signed by the President on November 15, 1990. The proposed conforming amendments are to 10 CFR Parts 40, 50, 51, 70, 75, 110, 140, 150, and 170.
The principal effect of these conforming changes is that uranium enrichment facilities will be licensed subject to the provisions of the Act for source and j
special nuclear material rather than the provisions for a production facility.
l These proposed conforming changes include the specific requirements for environmental review, adjudicatory hearings, inspection before operation, and liabilit device (y insurance.
The changes apply to the licensing of "any equipment or or important component part especially designed for such equipment or device) capable of separating the isotopes of uranium or enriching uranium in the isotope 235," as defined in the amended Act.
The NRC is issuing the proposed rule allowing 75 days for public comment and has specifically requested comments on the proposed rule, and the draf t regulatory analysis.
Sincerely, Eric S. Beckjord, Director Office of Nuclear Regulatory Research
Enclosure:
Federal Register Notice cc:
Representative John J. Rhodes 4
panog UNITED STATES 3
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The Honorable Philip R. Sharp, Chairman Subcommittee on Energy and Power Committee on Energy and Commerce United States House of Representatives Washington, DC 20515
Dear Mr. Chairman:
In a few days the Nuclear Regulatory Commission (NRC), will publish in the Federal Register the enclosed proposed amendments to the NRC's regulations concerning uranium enrichment facilities. These proposed amendments are being promulgated by the Commission to change its rules for regulation of uranium enrichment facilities to conform to amendments made to the Atomic Energy Act i
of 1954 (the Act) by the " Solar, Wind, Waste, and Geothermal Power Production' Incentives Act of 1990," signed by the President on November 15, 1990. The proposed conforming amendments are to 10 CFR Parts 40, 50, 51, 70, 75, 110, 140,150, and 170.
The principal effect of these conforming changes is that uranium enrichment facilities will be licensed subject to the previsions of the Act for source and special nuclear material rather than the provisions for a production facility.
These proposed conformlng changes include the specific requirements for environmental review, adjudicatory hearings, inspection before operation, and liabilit device (y insurance. The changes apply to the licensing of "any equipment or or important component part especially designed for such equipment or device) capable of separating the isotopes of uranium or enriching uranium in l
the isotope 235," as defined in the amended Act.
The NRC is issuing the proposed rule allowing 75 days for public comment and has specifically requested comments on the proposed rule, and the draft regulatory analysis.
i Sincerely, Eric S. Beckjord, Director Office of Nuclear Regulatory Research
Enclosure:
Federal Register Notice cc: Representative Carlos J. Moorhead
i 4
The Honorable Bob Graham, Chairman Subcomittee on Nuclear Regulation Comittee on Environmental and Public Works United States Senate Washington, DC 20510
Dear Mr. Chairman:
In a few days the Nuclear Regulatory Commission (NRC) will publish in the Federal Register the enclosed proposed amendments to the'NRC's regulations concerning uranium enrichment facilities. These proposed amendments are being promulgated by the Commission to change its rules for regulation of uranium enrichment facilities to conform to amendments made to the Atomic Energy Act of 1954 (the Act) by the " Solar, Wind, Waste, and Geothermal Power Production Incentives Act of 1990," signed by the President on November 15, 1990. The proposed conforming amendments are to 10 CFR Parts 40, 50, 51, 70, 75, 110, 140, 150, and 170.
The principal effect of these conforming changes is that uranium enrichment facilities will be licensed subject to the provisions of the Act for source and special nuclear material rather than the provisions for a production facility.
These proposed conforming changes include the specific requirements for environmenta? review, adjudicatory hearings, inspection before operation, and liability insurance.
The changes apply to the licensing of "any equipment or device (or important component part especially designed for such equipment or device) capable of separating the isotopes of uranium or enriching uranium in the isotope 235," as defined in the amended Act.-
The NRC is issuing the proposed rule allowing 75 days for public comment and has specifically requested comments on the proposed rule and t1e draft regulatory analysis.
Sincerely, i
Eric S. Beckjord, Director Office of Nuclear Regulatory Research
Enclosure:
Federal, Register Notice cc: Senator Alan K. Simpson Identical letters sent to:
The Honorable Peter H. Kostmayer, Chairman cc: Representative John J. Rhodes The Honorable Philip R. Sharp, Chairman cc: Representative Carlos J. Moorhead See next page for Distribution 0FFC:R RPHEBgDR/
DD:DRA D:DRA DD/GIR:RES D:RES NAME:
1sen:dm JWangf*91 V/dl
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/ /91 FCostanzi BMorris CJHeltemes EBeckjord DATE: / /91 1//F 0FF: OCA NAME:DRathbun DATE: /' /91 0FFICIAL RECORD COPY
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ENCLOSURE D Draft Public Announcement 1
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Public Announcement NRC PROPOSES CHANGES TO REGULATIONS FOR URANIUM ENRICHMENT FACILITIES The Nuclear Regulatory Commission has issued a proposed rule setting out how it plans to change its requirements to conform to recent amendments to the Atomic Energy Act regarding regulation of uranium enrichment facilities.
Prior to the amendments to the Act, uranium enrichment facilities would have been licensed under the same part o the Commission's regulations as nuclear power plants. Under the amend Act they will be licensed under the portions dealing with other uses of nuclear materials.
Uranium must be enriched in the isotope uranium-235, whose atoms readily undergo fission and are therefore suitable for a chain reaction, before it can be used as a fuel in the type of nuclear power plants commonly used in the United States.
There are no NRC-licensed enrichment plants in the country at the present time. All U.S. enrichment facilities are owned by the Department of Energy and are not subject to NRC regulation.
However, on January 31, 1991, the NRC received an application from Louisiana Energy Services for a license to construct and operate a facility for enrichment of uranium using the gas centrifuge process.
There is also a possibility, over a longer term, that legislation will be enacted that would put all or part of the Department of Energy's enrichment facilities under the jurisdiction of NRC regulations.
Interested persons are invited to submit written comments by (75 days after publication of the proposed changes in the Federal Register on
).
The comments should be addressed to the Secretary, U.S.
Nuclear Regulatory Commission, Washington, DC 20555, Attention: Docketing and Service Branch.
Document iw -
PUBLIC AllNr,uNCEMEN.
Requestor's ID:
MENDIOLA I
Author's.Name:
CNilsen Document Comments:
Changes to regulations for uranium enrichment facilities.
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The Commissioners 3
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l (d) That the proposed rule does not contain new or amended information collection requirements f
subject to the Paperwork Reduction Act.
(e) That the Chief Counsel for Advocacy of the Small Business Administration will be informed of the certification and the reasons for it as required
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by the Regulatory Flexibility Act.
(f) That a public announcement'will be issued (Enclosure D).
(g) That a copy of the proposed rule will be distributed to all affected licensees and other interested persons.
I James M. Taylor Executive Director for Operations
Enclosures:
A. Federal Register Notice of Proposed Rulemaking B. Draft Regulatory Analysis C. Congressional Letters D. Draft Public Announcement See next page for Distribution
- See previous concurrences 0FFC:RPHEB:DRA*
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DD:DRA D:DRA 0A OC NAME:CNilsen:dm:1b JWang DCool FCostanz i
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OFFICIAL RECORD COPY 1
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The Commissioners 4
Distribution NILSEN/COM. PAPER / URANIUM (5520)
DCool RPHEB R/F Cir./Chron ED0 R/F.-
JMTaylor STreby, OGC RFonner, OGC PLoysen, NMSS (MS-6H3)
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RES Format: Commission Paper l
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NMSS TICKET 91-242 1
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CURRY Author's Name:
4 Peter Loysen Document Comments:
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